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HomeMy WebLinkAboutGeneral Development 1976AGREEMENT THIS AGREEMENT, made and entered into this day of i.;~Vi~,- , 1976, by and between GENERAL DEVELOP- MENT CORPORATION (hereinafter called "General"), a Delaware corporation authorized to do business in the State of Florida, and THE CITY OF SEBASTIAN (hereinafter called "City"), a municipality under the laws of the State of Florida; W I TNE S S E TH : WHEREAS, General has recorded in the Official Records of Indian River County, plats subdividing lands with- in the City, and WHEREAS, General has posted corporate performance bonds and/or surety bonds as security for the construction of roads and drainage facilities as shown on said plats, and WHEREAS, General has completed construction, or will complete in accordance with this Agreement, roads and drainage facilities as shown on said plats, and WHEREAS, General having completed construction of all roads and drainage facilities in the recorded plats of Sebastian Highlands Units 2 - 6 and 8 15, as recorded in the Official Records of Indian River County, which were not previously accepted by City and having an obligation to com- plete the roads and drainage facilities in Units 16 and 17, and WHEREAS, General's obligation is to have completed construction of said roads and drainage facilities in ac- cordance with the requirements of the ordinances of the City in effect at the date of acceptance by the City of the plats, which were duly recorded by General, THEREFORE, the parties do hereby agree as follows: 1. To comply with such requirements as may be required to bring the streets to a standard in compliance with the ordinances of the City under which the streets were constructed, General shall undertake special main- tenance of all roads and drainage facilities in the afore- said plats, not previously accepted by resolution of the City Council, on a phased basis, including but not limited to: (a) Repairing any existing ~isible road base failure. (b) Regrading swales as necessary to provide adequate drainage. (c) Cleaning out all drainage ditches. (d) Cutting all grass in the swales and drainage ditches. (e) Eradicating all weeds in the road surfaces. (f) Repairing all surface defects. (It is recognized that a crack- ing pattern is a characteristic always found in the surface of soil cement road construction and is not a defect.) 2. The phases to which this Agreement applies are as follows: Phase 1 - Sebastian Highlands Units 2,3,4,5, 6 and 8; Phase 2 - Sebastian Highlands Units 9,10,11, 12 and 13; Phase 3 - Sebastian Highlands Units 14,15,16 and 17; unit basis by phases, excluding all roads and drainage facilities previously constructed and accepted by resolu- tion of the City Council. The City Engineer will inspect all roads on a completing such inspection within ninety (90) days. The City Engineer may make such other inspections as he may deem necessary. The City retains the option to review prior testing reports made by any testing laboratories, and if said reports are in the possession of General, General agrees to make said reports readily available to the City. The City -2- may retain, at its option, ~ qualified testing laboratory to make tests as may be required under the direction of the City Engineer, and the City will direct the testing laboratory to furnish copies of all their reports to General. The City Engineer will advise General, in writing, of the maintenance requirements for each unit as the in- spection is completed, necessary to comply with the standards aontained in the City ordinances in effect at time of plat acceptance. 4. General will complete the work required by this Agreement on a unit basis and will resubmit roads and drainage facilities to the City Engineer, in writing, for final inspection. The City Engineer, in writing, will certify to the City within thirty (30) days of resubmission by General, those roads and drainage facilities completed, or notify General in writing of any remaining deficiencies. A copy of any such certification shall also be provided to General. The City will within thirty (30) days of such submission accept such roads and drainage facilities as are certified completed in accordance with this Agreement. General will undertake those steps necessary under this Agreement to correct any remaining deficiencies in accordance with the requirements of the City at the time of plat acceptance and any resubmissions shall be processed in accordance with the above time-frames. 5. General will be urged to accompany the City Engineer on any inspections, and the City Engineer will notify General when said inspections will occur. 6. Upon acceptance by the City of any roa'd~ and/or drainage facilities, construction bonds, corporate or surety, shall be immediately released by appropriate resolution of the City Council. General shall thereafter continue to maintain all roads and drainage facilities accepted under this Agreement, until ~he dates indicated: Phase 1 - December 31, 1976, or when the work is completed, but not earlier than December 31, 1976; and three years thereafter; Phase Phase 2 - December 31, 1977, or when the work is com- pleted, but not earlier than December 31, 1977; and three years there- after; 3 As set forth in Ordinance 179, as amended and C~ap- ter 22 of the ordinances of the City, and thereafter all further obligations of General shall be null and void and the City shall assume full responsibility for all road and drainage maintenance. 7. General specifically acknowledges and agrees %hat Sebastian Highlands~Units 14, 15, 16 and 17 shall be required to have homes constructed upon ten (10%) percent of the lots in the plat, before the City will be required to accept the roads and drainage facilities con- structed within these plats for maintenance. Upon com- pletion of the roads and drainage facilities in Units 14, 15, 16 and 17, General will tender them to the City for ac- ceptance, and the City will accept them in accordance with the standards and specifications in effect at the time of acceptance of the plats by the City, and the City shall re- lease by appropriate resolution of the City Council all bonds, corporate or surety, then outstanding which guarantee construction of the roads and drainage facilities. General will continue to maintain the roads and drainage facilities in Units 14, 15, 16 and 17 until ten (10%) percent of home construction per unit is reached and for one (1) year there- after. 8. The City Council of the City of Sebastian shall adopt this Agreement by appropriate resolution. 9. General shall complete in addition to the other requirements of this Agreement, the following additional conditions which are being imposed by the City as a condition to this Agreement: (a) Complete the drainage work commenced in Phase 1, Unit 2, within sixty (60) days, upon reaching agreement in writing as to a mutually acceptable means of re- solving the existing drainage problems. (b) Commencement of dredging in Collier Creek (between Fellsmere Highway and Grant Avenue) and carrying forward to completion, subject to required permits. (c) Relocation of the pavement at the intersection of Sloan Street and Futch Way upon verifi- cation by a licensed surveyor that the street is im- properly located. (d) Seek to resolve with individual property owners along Drawdy Way, upon their request, any dispute over the location of a drainage ditch, for which General Development has legal responsibility there- for. 10. General, by entering into this Agreement, hereby acknowledges that it relinquishes and waives all rights and protection of any ordinance or regulation of the City which sets a shorter period of time for required maintenance by the developer. 11. During the maintenance period,General shall mow all the swales in the drainage facilities, repair all holes which might develop in the pavement of the roads and shall apply a herbicide to kill all vegetation which would interfere with the proper operation of the drainage facili- ties or would cause deterioration of the roads which have been constructed. Upon notification by the City, in writing, of work necessary to be done during said maintenance period, General will comply with such notification and do the work within thirty (30) days. During said maintenance..period, in addition thereto, General will maintain corporate per- formance bonds to be deposited with the City in an amount of $500.00 per mile, to guarantee completion of the above main- tenance. The posting of said bonds shall not relieve General from their obligations under this Agreement. -5- 12. The question of all canals, bridges, major drainage and dams not covered under this Agree- ment is reserved for future agreements without prejudice as to the City's rights. 13. Any gross errors relative to streets and drainage (ditches or culverts) caused by General, for which it has legal liability General. 14. It is the aforesaid program shall be therefor, will be corrected by intent of the parties that the a continuing program between the parties which shall be carried out in good faith and without undue delay by either party. Time sh.all be of the essence. 15. It is an express condition of this Agree- ment that it shall be legally binding upon the parties and enforceable in the courts of the 'State of Florida, and in the event of litigation the prevailing party shall be en- titled to reasonable attorney's fees. ENTERED into this y of ~. , 1976. EXECUTED on behalf of the City of Sebastian in accordance with an ~ passea by majority vote of the City Coun- cil at its meeting on the ~day of ~ ~_~ , 1976. ATTEST: GENERAL DEVELOPMENT CORPORATION Sr. Vice e~ WAYNE L. ALLEN , Assistant Secretary General Development Corporation CITY OF SEBASTIAN, FLORIDA ATTEST: City Clerk